ESBD_File_353553_MCD CP766229 24CSP010-RFP.pdf

MCD CP766229 03142024 RFP-1

REQUEST FOR PROPOSALS

COMPETITIVE SEALED PROPOSALS

for The University of Texas at Austin

24CSP010

(M53) HET HVAC REPLACEMENT

HOBBY-EBERLY TELESCOPE (MCD)

RFP and CONTRACT No. 24CSP010

Capital Project Number: CP766229

Proposal Submittal Deadlines:

MANDATORY PRE-PROPOSAL CONFERENCE 3/21/2024 at 10:00 AM

*MANDATORY INITIAL SITE VISIT 3/21/2024 at 1:00 PM

*MANDATORY SECOND SITE VISIT 3/28/2024 at 10:00 AM

ADDENDUM ITEMS DUE 4/4/2024 at 12:00 PM

SUBMISSION NO. 1 4/24/2024 at 11:00 AM SUBMISSION NO. 2 4/25/2024 at 11:00 AM SUBMISSION NO. 3 4/25/2024 at 11:00 AM

Prepared by:

The University of Texas at Austin – Planning, Design, and Construction

1301 East Dean Keeton, Austin, TX 78712 Cynthia Rangel, cynthia.rangel@austin.utexas.edu

Project Information:

Project Manager: John VerShaw, Planning, Design and Construction, University of Texas at Austin PSP: Joe Reyes, MEP Engineering, 1120 S Capital of Texas Hwy bldg. 1 Suite 150, Austin, TX 78746 Contracts: Trina Bickford, Assistant Director, Planning, Design and Construction, University of Texas at Austin HUB Office: HUB Office Staff, HUB/Small Business Office, University of Texas at Austin mailto:cynthia.rangel@austin.utexas.edu

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TABLE OF CONTENTS

1. Introduction

1.1 Project Background, Description and General Scope

1.2 Budget

1.3 Objective

1.4 Work Period

2. Notice to Respondents

2.1 General

2.2 Submittal Deadline

2.3 Key Events Schedule

2.4 University Contacts

2.5 Type of Contract

2.6 Inquiries, Clarifications and Interpretations

2.7 Public Information

2.8 Contract Award Process

2.9 Criteria for Selection

2.10 Respondent's Acceptance of Evaluation Methodology

2.11 Commitment

2.12 Historically Underutilized Businesses

2.13 Issuance of Documents

2.14 Eligible Respondents

3. Proposal Requirements

3.1 General Instructions

3.2 Preparation and Submittal Instructions

3.3 Terms and Conditions

4. General Terms and Conditions

4.1 General

4.2 Definitions

4.3 Payment

4.4 Compliance with Law

4.5 Indemnification

4.6 Force Majeure

4.7 Other Benefits

4.8 Non-Disclosure

4.9 Publicity

4.10 Severability

4.11 Non-Waiver of Defaults

4.12 Assignment

4.13 Assignment of Overcharge Claims

4.14 Observance of the University Rules and Regulations

4.15 Notices

4.16 Delinquency in Paying Child Support

4.17 Certain Proposals and Contracts Prohibited

4.18 Required Notices of Workers’ Compensation Insurance Coverage

4.19 Proposal Forms

4.20 Proposal Letter of Bonding Capacity

4.21 Performance and Payment Bonds

4.22 Proposal Discrepancies

4.23 Contract Completion Times

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4.24 Pre-Proposal Conference

4.25 Termination of Proposals

4.26 Prevailing Wage Rates Determination

4.27 Certification of Franchise Tax Status

4.28 Contract Administration

4.29 Official Time Clock

4.30 Sales and Use Taxes

4.31 Governing Law

5. Specifications (Refer to details of RFP including any Addenda, Project

Manual, Drawings, and Technical Specifications)

6. Execution of Offer

7. Pricing and Delivery Schedule

8. Respondent Questionnaire and Evaluation Criteria

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SECTION 1

INTRODUCTION

This introduction provides high level summary information on the project covered in this Request for Proposals (“RFP”). Interested parties must review the entire RFP document including all specifications, drawings, term and conditions for complete project information adequate for submitting a proposal.

1.1 Project Background, Description and General Scope

1.1.1 The University of Texas at Austin (“University” or “Owner”) is soliciting competitive sealed proposals for the following project as further detailed in the attached Drawings and Specifications:

Provide a new HVAC system for the Hobby-Eberly Telescope located at the McDonald Observatory in Fort Davis, Texas. Scope includes new air-cooled chillers, pumps, air handlers, electrical equipment, and associated controls, supports, and appurtenances for the new HVAC system.

1.2 Budget

The budget range for the project is approximately $3,500,000.00 to $4,000,000.00.

1.3 Objective

The objective of the University for this project is to complete the project on time and within the project budget in a safe and workmanlike manner with a minimum of disruption to the existing building occupants. Coordination and cooperation among contractors and sub-contractors will be a key to success. Work will also be occurring at the same time as other work by the University by other contracts or its own shop forces. Awarded Contractor shall be responsible for the coordination of work under this contract with work by Owner and other Contractors.

1.4 Work Period

1.4.1 The project schedule is to complete the project prior to 425 CALENDAR

DAYS from issuance of Notice to Proceed.

1.4.2 The awarded Contractor shall limit his use of the premises to the work indicated, so as to allow for Owner occupancy and use by the public.

1.4.3 The facility will only be available during the scheduled construction time period from 8:00 A. M. to 4:30 P. M. (CST), Monday through Friday, and approximately 8:00 am to 6:00pm on weekends and official University holidays. Should the awarded Contractor wish to work during other times, including weekends or nights, Contractor must notify the Construction Inspector in writing, a minimum of twenty-four hours in advance so that the University Police Department may be notified.

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1.4.4 In order to prevent disruption during special events or critical study times, the awarded Contractor must strictly observe the following period(s) where no work may occur:

1.4.4.1 FINALS NO WORK TIMES: Noise and disruption is of particularly concern during semester (fall, spring and summer sessions) final exam periods and final exam study periods. The awarded Contractor must curtail all objectionable noise operations so as not to disturb final exam study periods, exams, etc. Work shall not occur during the times listed below unless specifically requested and approved by the Owner. This project may require concrete saw cutting, coring, jackhammer, and other noise producing activities. Contractor shall schedule this work a minimum of TWO (2) WORKING DAYS in advance and be prepared to perform this work outside of normal business hours:

1.4.4.1.1 Final Exam Periods:

2023/2024 Fall Semester exam schedule:

December 5-7, 9, 11, 2023

2023/2024 Spring Semester exam schedule:

April 30, May 1-2, 4, 6, 2024

2023/2024 Summer Semester exam schedule:

July 12-13, 31, 2024 August 1, 17, 19, 2024

1.4.4.1.2 COMMENCEMENT WORK RESTRICTIONS:

Special consideration during the period from Thursday through Sunday of May Commencement Week shall be made to ensure that all work is curtailed and site staging areas are safe, orderly and secured to the satisfaction of the Owner.

1.4.4.1.2.1 Dates of Commencement: May 11, 2024.

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1.4.4.1.2.2 PROJECT WORK RESTRICTIONS FOR ANY SPECIAL

EVENTS AND/OR QUIET TIMES:

The dome is to remain operational during construction. Any dome down time must be coordinated with UT HET at a minimum of 2 months prior to required shutdowns. Power outages will be required to connect the new electrical panels and the new utility transformer. Coordinate this work with UT HET and all other trades to minimize dome downtime. If the power will be off for more than three hours, temporary a/c and portable generator shall be brought in to cool existing IT rooms.

Required cooling tonnage is 6 tons. The dome can be operational when the HVAC system is offline. Coordinate work to minimize the downtime of the HVAC system. A suggested sequencing plan will be provided by the Owner and design team. This is not the required sequence. The intent of this sequencing plan is that there will be a minimum of one AHU available for dome cooling throughout most of the construction period. Prior to the start of construction, contractor shall submit a proposed project specific sequence and phasing plan. This schedule shall list all periods of time when the power, plumbing, and HVAC systems will be down or unavailable. The telescope is operational 7 days per week, 365 days per year as long as the weather is optimal starting at dusk every night. Construction activities can take place during the day. If required, make Owner aware of any construction activities that need to take place during the night hours a minimum of 2 months in advance.

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SECTION 2

NOTICE TO RESPONDENTS

2.1 General

2.1.1 University is accepting Competitive Sealed Proposals for selection of a General

Contractor firm for the following project:

(M53) HET HVAC REPLACEMENT,

HOBBY-EBERLY TELESCOPE , (MCD)

pursuant to Sec. 51.783, Texas Education Code, in accordance with the terms, conditions and requirements set forth in this RFP 24CSP010 / CP766229. This RFP provides sufficient information for interested parties to prepare and submit proposals for consideration by the University.

2.1.2 This RFP is the only step for selecting a Contractor for the Project as provided by Texas Education Code §51.783(d). The RFP provides the information necessary to prepare and submit Competitive Sealed Proposals for consideration and ranking by the Owner.

2.1.3 The Owner may select the Proposal that offers the “best value” for the institution based on the published selection criteria and on its ranking evaluation. The Owner may first attempt to negotiate a contract with the selected Respondent. The Owner may discuss with the selected Respondent options for a scope or time modification and any price change associated with the modification. If the Owner is unable to reach a contract with the selected Respondent, the Owner may formally end negotiations with that Respondent and proceed to the next “best value” Respondent in the order of the selection ranking until a contract is reached or all proposals are rejected.

2.1.4 RESPONDENTS ARE CAUTIONED TO READ THE INFORMATION

CONTAINED IN THIS RFP (INCLUDING ALL ATTACHED

DOCUMENTS) CAREFULLY AND TO SUBMIT A COMPLETE

RESPONSE TO ALL REQUIREMENTS AND QUESTIONS AS

DIRECTED.

2.1.5 Awarded Contractor shall be required to abide by all conditions in all attached documents, including the Uniform and Additional General Conditions, the Information to Proposers, Owner’s Special Conditions, Technical Specifications, Drawings (attached or separately bound), Addenda, etc., as if they were included in this RFP.

2.2 Submittal Deadline

2.2.1 The University will accept COMPETITIVE SEALED PROPOSALS for selection via U.T. Drop Box Submissions, until the deadline for submission noted in this RFP.

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2.2.2 Respondents are instructed to complete, sign and return all required documents as part of proposal submittal. Failure to return required documents may result in disqualification. See Section 3 for detailed description of document requirements.

2.2.3 All risks of failure to arrive timely shall be on the Respondent.

2.2.4 The following is the submittal schedule and documents required:

(1) SEALED SUBMISSION NO. 1 – Section 6 (Execution of Offer); Section 7

(Pricing and Delivery Schedule); and Letter of Bonding Capacity are due by the date and time indicated in Section 2.3.

Provide a single .pdf of all required documents for Submission No. 1 – the UT Box drop box must be used to submit responses.

USE DROP BOX TO SUBMIT SUBMITTAL:

https://utexas.app.box.com/f/4e41b2595b9e4511883979c8f10403d1

The file must be saved using the following naming convention:

Respondent’s name followed by “24CSP010, CP766229 (MCD) Submission No. 1”

Submission No. 1 must be received complete in the drop box by the submittal date: 4/24/2024 at 11:00 AM

(2) SUBMISSION NO. 2 – Section 8 Qualifications complete response are due by the date and time indicated in Section 2.3.

Provide a single .pdf of all required documents for Submission No. 2 – the UT https://utexas.app.box.com/f/d7427d5a0d8342cd9a3d9de4e6a4fc78

The file must be saved using the following naming convention:

“24CSP010, CP766229, (MCD) Submission No. 2”

Submission No. 2 must be received complete in the drop box by the submittal date: 4/25/2024 at 11:00 AM https://utexas.app.box.com/f/4e41b2595b9e4511883979c8f10403d1 https://utexas.app.box.com/f/d7427d5a0d8342cd9a3d9de4e6a4fc78

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(3) SUBMISSION NO. 3 - HUB Subcontracting Plan (HSP) is due by the date and time indicated in Section 2.3.

Provide a single .pdf of all required documents for Submission No. 3– the UT https://utexas.app.box.com/f/b419b95b56e343afbe7d0b75b5c2bdc3

The fill must be saved using the following naming convention:

“24CSP010, CP766229, (MCD) Submission No. 3”

Submission No. 3 must be received complete in the drop box by the submittal date: 4/25/2024 at 11:00 AM

Join Zoom Meeting to Bid Opening https://utexas.zoom.us/j/99317403212 Meeting ID: 993 1740 3212

One tap mobile +13462487799,,99317403212# US

Sign-in sheet for attendance will be provided in the Zoom meeting chat the day of the Bid Opening on 4/25/2024 at 11:00 AM. A link to the Sign-in Sheet will also be posted on the Campus Construction website the day of the meeting.

2.3 Key Events Schedule:

The following schedule has been established for this project – all dates after the receipt of Submissions #1-#3 are approximate and will be adjusted as necessary.

Issue RFP 3/14/2024 *Pre-proposal Conference MANDATORY must sign in

3/21/2024 at 10:00 AM

*First Site Visit - Mandatory must sign in and come to one site visit.

3/21/2024 at 1:00 PM

*Second Site Visit -Mandatory must sign in and come to one site visit.

3/28/2024 at 10:00 AM

Deadline for questions/requests for clarification Submit via UT Drop Box using the link specified in Section 2.3.2

4/4/2024 at 12:00 PM UT Drop Box will be shut down and no further questions for clarification will be addressed

Addendum issued (approx.) 4/10/2024 Deadline for Submission #1 4/24/2024 at 11:00 AM *Deadline for Submission #2 and #3 4/25/2024 at 11:00 AM Successful Respondent notified 5/10/2024

*Please Note: A link to the Sign-in Sheet will be posted on the Campus Construction website the day of the meeting, and will also be provided in the Zoom meeting chat the day of the event.

https://utexas.app.box.com/f/b419b95b56e343afbe7d0b75b5c2bdc3 https://utexas.zoom.us/j/99317403212

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2.4 University Contact

2.4.1 No oral explanation in regard to the meaning of the drawings and specifications will be made and no oral instructions will be given before the award of the contract.

Discrepancies, omissions or doubts as to the meaning of drawings and specifications shall be communicated in writing via the UT Drop Box using the link specified in Section 2.4.2 for interpretation prior to the deadline for such questions in the RFP or Notice to Proposers. Proposers shall act promptly and allow sufficient time for a reply to reach them before the submission of their proposals. Any interpretation made will be in the form of an addendum to the specifications, which will be forwarded to all known Proposers, and its receipt by the Proposer shall be acknowledged on the Proposal Form.

2.4.2 All questions and inquiries regarding this RFP must be submitted via UT Drop

Box using the following link:

https://utexas.app.box.com/f/351d78d7f5e1495896f523fc4f577ea1 The University specifically requests all Respondents restrict questions to this drop box. If you do need to contact the University outside of the RFI process, please direct all emails to :

Trina A. Bickford, Assistant Director, Contracts Planning, Design, and Construction The University of Texas at Austin 1301 E. Dean Keeton, Rm. 2.102* Austin, TX 78712 Telephone: 512.471.3042* Email: Trina.Bickford@austin.utexas.edu

The deadline for questions/requests for clarification is 4/4/2024 at NOON at this time the UT Drop Box will be shut down and no further questions for clarification will be addressed.

The University specifically requests that Respondents restrict all contact and questions regarding this RFP to the above named individuals. For electronic updates to the request for proposals, addenda and future work go to the Campus Construction website at: https://Campus Constructionervices.utexas.edu/vendors/proposal-solicitation-calendar

2.5 Type of Contract: The successful Respondent will be required to enter into the latest version of the contract in the form included in this RFP. Award shall be made to the Respondent offering the “best value” to the Owner based on the requirements of the RFP.

2.6 Inquiries, Clarifications and Interpretations: Responses to inquiries which my directly affect an interpretation or change to this RFP will be issued in writing by a publicly posted addendum. All addenda issued by the University prior to the time that proposals are received shall be considered part of the RFP. Respondent shall be required to consider and acknowledge receipt of all such addenda in their proposal. Respondents are responsible for obtaining information regarding addenda in a timely manner. All addenda shall be posted at the website listed above.

https://utexas.app.box.com/f/351d78d7f5e1495896f523fc4f577ea1 https://pmcservices.utexas.edu/vendors/proposal-solicitation-calendar https://pmcservices.utexas.edu/vendors/proposal-solicitation-calendar

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2.6.1 Only inquiries formally addressed by the University in written addenda shall be binding. Oral and other interpretations or clarifications will be without legal effect and should not be relied upon in preparing Proposals.

2.6.2 Respondent must acknowledge all addenda in the Section 7 Pricing and Delivery

Schedule.

2.6.3 A Pre-Proposal Conference will be held via Zoom Link

https://utexas.zoom.us/j/96166843678 Meeting ID: 961 6684 3678 One tap mobile+13462487799,,96166843678# US, on 3/21/2024 at 10:00 AM.

Representatives of the Owner and the Professional Service Provider will be present to discuss proposal procedures and requirements, construction documents including specifications and drawings, project special conditions, and HUB good-faith requirements applicable to this project. A site visit will be held immediately afterwards. Respondents will have an opportunity to ask questions regarding this RFP during the Conference, and are asked to follow those questions up in writing by email to the University Contacts listed above.

Sign-in sheet for attendance will be provided in the Zoom meeting chat the day of the pre-proposal conference on 3/21/2024 at 10:00 AM. A link to the Sign-in Sheet will also be posted on the Campus Construction website the day of the meeting.

2.6.3.1 ATTENDANCE BY THE APPROPRIATE PERSONNEL FROM EACH

RESPONDENT IS MANDATORY AT THE PRE-PROPOSAL

CONFERENCE AND MUST ATTEND ONE OF THE TWO SITE VISITS;

ONE VIRTUAL AND ONE IN-PERSON.

RESPONDENTS MUST BE AT ONE OF THE SITE VISITS AND SIGN IN

ON THE SIGN IN SHEET PROVIDED THE DAY OF THE SITE VISIT.

FAILURE TO SIGN IN ON THE SIGN- IN SHEET WILL DISQUALIFY

APPROPRIATE PERSONNEL FROM BIDDING ON THIS PROJECT.

2.6.3.2 THE INITIAL SITE VISIT SHALL OCCUR 3/21/2024 at 1:00 PM meet at FC1 in Conference Room on the first floor. The building is located at 1301 E Dean Keeton St, Austin, TX 78722. A link will be provided for a “virtual tour” of the McDonald Observatory Site.

RESPONDENTS MUST BE AT ONE OF THE SITE VISITS AND SIGN IN

ON THE HARD COPY SIGN IN SHEET PROVIDED THE DAY OF

THE SITE VISIT. FAILURE TO SIGN IN ON THE SIGN- IN SHEET

WILL DISQUALIFY RESPONDENT FROM BIDDING

ON THIS PROJECT.

2.6.3.2.1 A SECOND SITE VISIT SHALL OCCUR ON 3/28/2024 at 10:00 AM - meet at the HET Building at 28 Mt Fowlkes Rd, Fort Davis, TX 79734 and meet at the main entrance. This is for the “On-site tour”.

https://utexas.zoom.us/j/96166843678

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RESPONDENTS MUST BE AT ONE OF THE SITE VISITS (“VIRTUAL”

OR “ON-SITE”) AND SIGN IN ON THE HARD COPY SIGN IN SHEET

PROVIDED THE DAY OF THE SITE VISIT. FAILURE TO SIGN IN ON

THE SIGN- IN SHEET WILL DISQUALIFY APPROPRIATE

PERSONNEL FROM BIDDING ON THIS PROJECT.

A link to the Sign-in sheet for attendance will be provided on the Campus Construction website the day of the meeting on 3/28/2024 at 10:00 AM.

2.6.3.2.2 TO PARK; use the On-Site Parking lot or parking is also available in the surrounding neighborhood – all parking costs are at the participants’ expense.

2.6.3.3 No other site access will occur prior to the proposal submittal deadline.

2.6.3.4 All participants must act in a professional and non-disruptive manner so as not to disturb ongoing use of the facilities during any site visit.

2.7 Public Information: The University considers all information, documentation and other materials requested to be submitted in response to this solicitation to be of a non-confidential and/or non-proprietary nature and therefore shall be subject to public disclosure under the Texas Public Information Act (Texas Government Code, Chapter 552.001, et seq.) after a contract is awarded.

2.7.1 Respondents are hereby notified that the University strictly adheres to all statutes, court decisions, and opinions of the Texas Attorney General with respect to disclosure of RFP information.

2.8 Contract Award Process: An award for the construction services specified herein will be made following a procedure using Competitive Sealed Proposals. Proposals will be opened publicly and the names of the Respondents and the monetary proposals will be read aloud after confirmation of receipt of the required HUB Subcontracting Plan. Other contents of the proposals will be afforded security sufficient to preclude disclosure of the contents of the proposal prior to award. Within 45 days after the date of opening the proposals, the University will evaluate and rank each proposal with respect to the selection criteria contained in this RFP.

After opening and ranking, an award may be made on the basis of the proposals initially submitted -- without discussion, clarification or modification -- or, the University may discuss with the selected Respondent offers for cost reduction and other elements of the Respondent’s proposal. If the University determines that it is unable to reach a contract satisfactory to the University with the selected Respondent, then the University will terminate discussions with the selected Respondent and proceed to the next Respondent in order of selection ranking until a contract is reached or the University has rejected all proposals. The University may not disclose any information derived from the proposals submitted from competing offers in conducting such discussions.

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The University reserves the right to award a Contract for all or any portion of the requirements proposed by reason of this request; award multiple Contracts; or to reject any and all proposals if deemed to be in the best interests of the University.

If so, the University reserves the right to re-solicit for new proposals, or to reject any and all proposals if deemed to be in the best interests of the University and to temporarily or permanently abandon the procurement. The University makes no representations, written or verbal, that it will enter into any form of agreement with any Respondent to this RFP for any project, and no such representation is intended or should be construed by issuance of this RFP. If the University awards a Contract, it will award the Contract to the Respondent most advantageous to the University and offers the best value, considering price and the evaluation factors set forth in this RFP.

2.9 Criteria for Selection: The Respondent(s) selected will be the Respondent(s) whose qualifications, as presented in the response to this RFP, are the most advantageous and offer the best value to the University. All properly submitted Proposals will be reviewed, evaluated and ranked by the Owner.

2.9.1 University personnel will evaluate responses. The criteria for evaluation of proposals, and selection of the qualified Respondent(s), will be based on the factors listed below:

2.9.1.1 Proposed Cost set forth in Section 7 – maximum number of points awarded: 55.

2.9.1.2 Evaluation of qualifications based on responses to Evaluation Criteria included in Section 8 - maximum number of points awarded: 45.

2.10 Respondent's Acceptance of Evaluation Methodology: By submitting a Proposal in response to this RFP, the Respondent accepts the evaluation process and acknowledges and accepts that determination of the “best value” Respondent will require subjective judgments by the Owner. The Owner reserves the right to consider any Proposal “non-responsive” if the Base Proposal Cost is determined to be unreasonable or irresponsible in relation to the other submitted Proposals and/or the Owner’s estimate of the construction cost.

2.11 Commitment: Respondent understands and agrees that this RFP is issued predicated on anticipated requirements for this specific project and RFP and that the University has made no representation, written or oral, that any such requirements be furnished under a Contract arising from this RFP. Furthermore, Respondent recognizes and understands that any cost incurred by the Respondent which arises from Respondent’s participation in the RFP process shall be at the sole risk and responsibility of Respondent. Respondents submit Proposals at their own risk and expense.

2.12 Historically Underutilized Businesses – (See attached Exhibit H): It is the policy of The

University of Texas at Austin, and each of its component institutions, to promote and encourage contracting and subcontracting opportunities for Historically Underutilized Businesses (HUBs) in all contracts. Accordingly, the University has adopted Exhibit H, Policy on Utilization of Historically Underutilized Businesses (Policy). The Policy applies to all contracts with an expected value of $100,000 or more. If the University determines that subcontracting opportunities are probable, then an HSP is a required element of the Response. Failure to submit a required HSP in compliance with the HUB Policy will result in rejection of the Response.

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2.12.1 Statement of Probability: The University has determined that subcontracting opportunities are probable under this RFP. Therefore, a HUB Subcontracting Plan (HSP) is required as a part of Respondent’s proposal. Respondent must develop and administer an HSP as a part of Respondent’s proposal in accordance with Exhibit H.

2.12.1.1 The required HSP shall be submitted in a separate Submission No. 3 as stated earlier in the RFP. The acceptance of the HSP submittal will predicate opening and review of the cost and qualification proposal.

2.12.2.2 If accepted, the HSP shall become a provision of the Proposer's contract with the University. No changes may be made in an accepted HSP prior to incorporation in the contract.

2.13 Solicitation Documents: All Plans and Specifications and bidding documents will be posted electronically on the Campus Construction Website at: https://Campus Constructionervices.utexas.edu/vendors/Formal-Solicitation-Opportunities. Electronic copies of Plans and Specifications will also be provided to plan rooms shown below.

Complete sets of the Proposal Documents [Drawings and Project Specifications (if applicable) are provided electronically to the following locations for examination by contractors and subcontractors (if applicable).

City of Austin Plan Room Attn: Genia Browder 4201 Ed Bluestein Blvd., Suite 2103 Austin, TX 78721 512.974.7799; fax 512.974.7622 email: genia.browder@austintexas.gov

Asian Contractor Association 4201 Ed Bluestein Blvd., Suite 2105 Austin, TX 78721 512.926.5400; fax 512.926.5410 email: asiancontractor@gmail.com

Electronic Only: Kiosk Center Associated Builders and Contractors, Inc.

Central Texas Chapter 2600 Longhorn Blvd, Suite 105 Austin, TX 78758 512.719.5263; fax 512.719.3278 email: planroom@abccentraltexas.org

Austin Area Black Contractors Association C/O Business Resource Consultants 6448 Highway 290 East, Suite E.107 Austin, TX 78723 512.467.6894; fax 512.467.9808 email: brc-pro@att.net

Electronic Only: Kiosk Center Associated General Contractors 609 South Lamar Blvd.

Austin, TX 78704 512.804.2796; fax 512.442.3503 email: tonio@agcaustin.org

ISQFT Internet Planroom Partnership Austin 2600 Longhorn Blvd., Suite 105 Austin, TX 78758

1.800.364.2056 ext. 7096 austin@isqft.com

McGraw-Hill Construction / Dodge Report Electronic Review Contact for Austin and San Antonio Area:

Attn: Nicole Verdier 4300 Beltway Place, Suite 180 Arlington, TX 76018 817.375.2955; fax 866.730.6151 email: nicole.verdier@mhfi.com https://pmcservices.utexas.edu/vendors/Formal-Solicitation-Opportunities https://pmcservices.utexas.edu/vendors/Formal-Solicitation-Opportunities mailto:genia.browder@austintexas.gov mailto:planroom@abccentraltexas.org mailto:brc-pro@att.net mailto:tonio@agcaustin.org mailto:austin@isqft.com

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U.S. Hispanic Contractors Assoc. de Austin www.ushca-austin.com 737.708.8101 Juan Oyervides 512.922.0507 Email: info@ushca-austin.com

The Builder’s Exchange of Texas, Inc.

4047 Naco Perrin, Suite 100 San Antonio, TX 78217 210.564.6900, fax 210.564.6901 email: edith@virtualbx.com

Reed Construction Data 30 Technology Parkway S, Suite 100 Norcross, GA 30092 877.752.0255 Email: docprocessing@reedbusiness.com

CDC News 14205 N. Mopac Exwy, Suite 550 Austin, TX 78728 800.872.7878 Email: plans@cdcnews.com

2.14 Eligible Respondents: Only individual firms or lawfully formed business organizations may submit a proposal. (This does not preclude a Respondent from using consultants.)

The Owner will contract only with the individual firm or formal organization that submits a Proposal.

http://www.ushca-austin.com/ mailto:info@ushca-austin.com mailto:edith@virtualbx.com mailto:plans@cdcnews.com

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SECTION 3

PROPOSAL REQUIREMENTS

3.1 General Instructions

3.1.1 Respondents should carefully read the information contained in this RFP, including the drawings and technical specifications, and submit a complete response to all requirements and questions as directed. Incomplete responses will be considered non-responsive and subject to rejection.

3.1.2 Proposals and any other information submitted by Respondents in response to this

RFP shall become the property of the University.

3.1.3 The University will not provide compensation to Respondents for any expenses incurred by the Respondent(s) for proposal preparation or for any interviews or presentations that may be made, unless otherwise expressly stated or required by law. Respondents submit proposals at their own risk and expense.

3.1.4 Proposals which are qualified with conditional clauses, alterations, items not called for in the RFP documents, or irregularities of any kind are subject to disqualification by the University, at its option.

3.1.5 Each proposal must be prepared simply and economically, providing a straightforward, concise description of the Respondent’s ability to meet the requirements of this RFP. Emphasis should be on quality, completeness, clarity of content, responsiveness to the requirements, and an understanding of the University's needs.

3.1.6 The University makes no representation of any kind that an award will be made as a result of this RFP, and reserves the right to accept or reject any or all proposals, waive any formalities or minor technical inconsistencies, or delete any item/requirements from this RFP or resulting contract when deemed to be in the University's best interest. Representations made within the proposal will be binding on Respondents. The University will not be bound to act by any previous communication or proposal submitted by the Respondents other than this RFP and related Addenda.

3.1.7 Failure to comply with the requirements contained in this RFP may result in the rejection of Respondent’s proposal.

3.2 Preparation and Submittal Instructions

3.2.1 Submission No. 1: As part of proposal response in Submission No. 1, Respondents must complete, sign and return:

• Execution of Offer, signed Section 6;

• Pricing and Delivery Schedule, signed Section 7; and

• Proposal Letter of Bonding Capacity (Also see Sections 3.2.1.3, 4.20 and

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3.2.1.1 Execution of Offer, Section 6.

3.2.1.1.1 Respondent must submit the entire, with signature, Execution of Offer, Section 6, document.

3.2.1.1.2 By signing the Execution of Offer and submitting a proposal, Respondent certifies that any attached or referenced terms, conditions, or documents are applicable to this procurement only to the extent that they do not conflict with the Constitution, statutes or Administrative Code of the State of Texas, or the advertised terms and conditions, and do not impose additional requirements on the University.

Respondent further certifies that the submission of a proposal is Respondent's good faith intent to contract with the University as specified herein and that such intent to contract is not contingent upon the University's acceptance or execution of any such attached or referenced terms, conditions, or other documents.

3.2.1.2 Pricing and Delivery Schedule, Section 7.

3.2.1.2.1 Proposed pricing must reflect the full Scope of Work defined in this RFP; inclusive of all associated cost for delivery, labor, insurance, taxes, overhead, and profit, or as otherwise defined, as appropriate.

3.2.1.2.2 The University will not recognize or accept any charges or fees to perform this work that are not specifically stated in the Respondent's proposal as accepted by the University.

3.2.1.2.3 Cash or prompt payment discounts will not be considered in determining an award.

All payment discounts offered will be taken, if earned and deemed in the University's best interest.

3.2.1.3 Proposal Letter of Bonding Capacity

3.2.1.3.1 All project Proposals having a minimum dollar value of $25,000 or more shall require a letter from an approved Bonding Company indicating that the Respondent has Bonding capacity equaling or exceeding the Maximum Possible Award (including consideration of additive alternates) of the Proposal submitted, and shall timely issue the applicable Payment Bond (and Performance Bond if the Maximum Possible Award is over $100,000) in the amount of the awarded agreement. This Letter from the Bonding Company shall be submitted with the Proposal in Submission No. 1; as stated in the RFP or Notice to Proposers.

3.2.2 Submission No. 2: As part of the Proposal response in Submission No. 2, Respondent must answer the criteria outlined in Section 8 of this Proposal and presented according to 3.2.2.1 through 3.2.2.4 below.

3.2.2.1 Submission Format: Proposal responses must be submitted as .pdf documents.

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3.2.2.2 Table of Contents: Include with the Proposal response a Table of Contents that includes page number references. The Table of Contents should be in sufficient detail to facilitate easy reference of the sections of the response as well as separate attachments (which should be included in the main Table of Contents).

Supplemental information and attachments included by the Respondent (i.e., not required) should be clearly identified in the Table of Contents and provided as a separate section.

3.2.2.3

3.2.2.4

3.2.2.5

3.2.3

3.2.4

3.2.4.1

3.2.4.2

3.2.4.3

3.2.5

Pagination: All pages of the Proposal response should be numbered sequentially in Arabic numerals (1, 2, 3, etc.). Attachments should be numbered or referenced separately. The HUB Subcontracting Plan does not have be numbered.

Content: Unnecessarily elaborate brochures or other presentations beyond those sufficient to present a complete and effective Proposal to this solicitation are not desired and may be construed as an indication of the Respondent’s lack of cost consciousness. Elaborate art work, expensive visual, other presentation aids and/or marketing materials are neither necessary nor desired.

Maximum Number of Pages: Qualifications proposals do not have a maximum number of pages. The cover page, table of contents, divider sheets, HUB Subcontracting Plan, Pricing and Delivery Proposal and Execution of Offer are not counted towards the maximum number of pages.

Submission No. 3: As part of Proposal response in Submission 3, responses to this RFP should consist of a listing of all subcontractors by trade as required and shown in the HSP (see attached Exhibit H), even if mentioned elsewhere in the submittal package. The selected sub-contractors listed in the HSP shall match those listed and qualified in the response to the Selection Criteria shown in Section 8 and submitted in Submission 2.

Submission

All required Proposal responses and submittals and any supplemental printed material referenced with the RFP, must be submitted and received in the University Campus Construction via the drop box listed on or before the time and date specified (ref. Subsection 2.2).

Late Proposals will not be considered under any circumstances. In the event hard copy responses are accepted, responses received late will remain unopened, will not be considered, and will only be returned upon request.

Responses submitted by means other than described in this RFP, such as telephone or FAX proposal responses, will not accepted, evaluated or considered in response to the Request for Proposal. Unless otherwise indicated in this RFP, no hard copy responses will be accepted by mail or other carriers.

Withdrawal or Modification: No Proposal response may be changed, amended, or modified in any way, after the same has been submitted or filed in response to this RFP, except for obvious errors in extension of deadline by addenda. However, a proposal may be withdrawn and resubmitted any time prior to the time set for receipt of proposals. No proposal may be withdrawn after the submittal deadline

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without approval by the University which shall be based on Respondent’s submittal, in writing, of a reason acceptable to the University.

3.2.6 Validity Period: Proposal responses are to be valid for the University's acceptance for a minimum of 120 calendar days from the submittal deadline date to allow time for evaluation, selection, and any unforeseen delays.

Proposals, if accepted, shall remain valid for the life of the awarded Contract

3.3 Terms and Conditions: The General Terms and Conditions (ref. Section 4) shall govern any contract issued as a result of this RFP, except as provided in 3.3.1 below:

3.3.1 All Respondents must comply with all requirements of this RFP including but not limited to Proposal Requirements, Specifications/Service Requirements, and General Terms and Conditions herein. In the event there is a conflict expressed in this RFP or any resulting contract, the provision requiring the Respondent to supply the better quality or greater quantity shall prevail, or if such conflict does not involve quality or quantity, then interpretation will be in the following order of precedence:

1. Specifications and Drawings

2. Contract form including all general and special conditions

3. General Terms and Conditions

4. Proposal Requirements

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SECTION 4

GENERAL TERMS AND CONDITIONS

4.1 GENERAL: These General Terms and Conditions shall be made a part of and govern any Purchase Order and/or Contract resulting from this RFP.

4.2 DEFINITIONS: Whenever the following terms are used in these General Terms and Conditions or in the other Contract Documents the intent and meaning shall be interpreted as follows:

4.2.1 Project shall mean the complete undertaking by Contractor to provide the goods and/or services contemplated by the Contract.

4.2.2 Respondent, Proposer or Contractor shall mean the individual, partnership, corporation, or other entity responding to this RFP.

4.2.3 University or Owner shall mean The University of Texas at Austin, Austin, Texas.

4.3 PAYMENT:

4.3.1 Prior to ten (10) calendar days before the end of each calendar month during the term of any Agreement resulting from this RFP, awarded Contractor shall submit to the University an application for payment covering the services performed to that date, which application shall be accompanied by lien waivers and other forms, statements, invoices, and payroll reports that the University may reasonably require to support the amount requested and to be submitted. The University will, within thirty (30) calendar days from the date an acceptable application and supporting documentation for payment is received, approve or disapprove the amount reflected in such application and if the University approves such amount or any portion of such amount, promptly pay the amount so approved, provided Contractor is not in breach of or in default under any Agreement resulting from this RFP. If the University disapproves any amount requested by awarded Contractor, the University shall give awarded Contractor specific reasons for its disapproval in writing.

4.3.2 The cumulative amounts of monthly progress payments as described above

("Progress Payments") shall not exceed the total of the awarded Contract, including any change orders, previously approved and accepted by the University, for the goods or services provided.

4.3.3 Ten (10) calendar days after final completion of the goods or services and acceptance by the University, or as soon thereafter as possible, awarded Contractor shall submit a final request ("Final Request") which shall set forth all amounts due and remaining unpaid to awarded Contractor and upon approval by The University, The University shall pay to awarded Contractor the amount due ("Final Payment") under such Final Request.

4.3.4 Notwithstanding any provision to the contrary, The University shall not be obligated to make any payment (whether a Progress Payment or Final Payment) to awarded Contractor if any one or more of the following conditions exist:

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4.3.4.1 Awarded Contractor is in breach or default;

4.3.4.2 Any part of such payment is attributable to goods or services not performed in accordance with the Contract, provided, however, such payment shall be made as to the part attributable to goods and services which are performed in accordance with the Contract;

4.3.4.3 Awarded Contractor fails to make payments promptly to its consultants, subcontractors, suppliers, or other third parties used in connection with the goods or services for which the University has made payment to awarded Contractor; or

4.3.4.4 If The University, in its good faith judgment, determines that the portion of the compensation then remaining unpaid will not be sufficient to complete the goods or services in accordance with the Contract, no additional payments will be due awarded Contractor unless and until Contractor, at its sole cost, performs a sufficient portion of the goods and services so that such portion of the compensation then remaining unpaid is determined by the University to be sufficient to so complete the goods and services.

4.3.5 Partial payments shall not be construed as final acceptance or approval of that part of the goods or services to which such partial payment relates or relieve awarded Contractor of any of its obligations hereunder with respect thereto.

4.3.6 Awarded Contractor shall promptly pay all bills for labor and material performed and furnished by others in connection with the performance of its obligations pursuant to any Contract.

4.3.7 The acceptance of Final Payment shall constitute a waiver of all claims by the awarded Contractor except those previously made in writing and identified by the awarded Contractor as unsettled at the time of the Final Request for payment.

4.3.8 The University shall have the right to verify the details set forth in awarded

Contractor's billings, certificates, and statements, either before or after payment therefore, by: (1) inspecting the books and records of awarded Contractor at mutually convenient times; (2) examining any reports with respect to this Project;

(3) interviewing awarded Contractor's business employees; (4) visiting any place where performance of all or a portion of the Project occurs; and (5) other reasonable action.

4.3.9 Invoices must reference the University RFP and Contract number and must agree in every detail with the Contract.

4.4 COMPLIANCE WITH LAW: Awarded Contractor as well as its subcontractors, employees, agents, partners and consultants shall comply with all applicable federal, state and/or local laws, rules, regulations, guidelines, standards, etc. as applicable to the goods and services described in this RFP.

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4.5 INDEMNIFICATION

4.5.1 To the fullest extent permitted by applicable law, the awarded Contractor and its agents, partners, employees, and consultants (collectively "indemnitors") shall and do agree to indemnify, protect, defend with counsel approved by the University, and hold harmless the University and the University of Texas System, its affiliated enterprises, representatives of the University, and their respective officers, directors, regents, partners, employees and agents (collectively "indemnitees") from and against all claims, damages, losses, liens, causes of action, suits, judgments and expenses, including attorney fees, of any nature, kind, or description (collectively "liabilities") of any person or entity whomsoever arising out of, caused by, or resulting from the performance of services, or provision of goods, by Contractor pursuant to any contract, or any part thereof, awarded as a result of this RFP which are caused in whole or in part by any negligent act or omission of the awarded Contractor, anyone directly or indirectly employed by it or anyone for whose acts it may be liable even if it is caused in part by the negligence or omission of any indemnitee, so long as it is not caused by the sole negligence or willful misconduct of any indemnitee. In the event more than one of the indemnitors are connected with an accident or occurrence covered by this indemnification, then each of such indemnitors shall be jointly and severally responsible to the indemnitees for indemnification and the ultimate responsibility among such indemnitors for the loss and expense of any such indemnification shall be settled by separate proceedings and without jeopardy to any indemnitee. The provisions of this article shall not be construed to eliminate or reduce any other indemnification or right which the University or any of the indemnitees has by law.

4.5.2 Awarded Contractor shall protect and indemnify the University from and against all claims, damages, judgments and loss arising from infringement or alleged infringement of any United States patent, or copyright, arising by or out of any of the services performed or goods provided hereunder or the use by Contractor, or by the University at the direction of Contractor, of any article or material, provided that upon becoming aware of a suit or threat of suit for patent or copyright infringement, the University shall promptly notify Contractor and Contractor shall be given full opportunity to negotiate a settlement. Contractor does not warrant against infringement by reason of the University's design of articles or the use thereof in combination with other materials or in the operation of any process. In the event of litigation, the University agrees to cooperate reasonably with Contractor and parties shall be entitled, in connection with any such litigation, to be represented by counsel at their own expense.

4.5.3 The indemnities contained herein shall survive the termination of any agreement or purchase order for any reason whatsoever.

4.6 FORCE MAJEURE: Neither Owner nor awarded Respondent will be liable or responsible to other for any loss or damage or for any delays or failure to perform due to causes beyond its reasonable control including acts of God, strike, epidemics, war, riots, flood, fire, sabotage or any other circumstances of like character.

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4.7 OTHER BENEFITS: No benefits, payments or considerations received by awarded Contractor for the performance of services associated with and pertinent to the resultant Contract shall accrue, directly or indirectly, to any employees, elected or appointed officers or representatives, or any other person identified as agents of, or who are by definition an employee of, the State.

4.8 NON-DISCLOSURE: Awarded Contractor and the University acknowledge that they or their employees may, in the performance of the resultant Contract, come into the possession of proprietary or confidential information owned by or in the possession of the other.

Neither party shall use any such information for its own benefit or make such information available to any person, firm, corporation, or other organization, regardless of whether directly or indirectly affiliated with Contractor or the University, unless (i) required by law,

(ii) by order of any court or tribunal, (iii) such disclosure is necessary for the assertion of a right, or defense of an assertion of a right, by one party against the other party hereto, or

(iv) such information has been acquired from other sources.

4.9 PUBLICITY: Awarded Contractor agrees that it shall not publicize any Contract resulting from this RFP, or disclose, confirm or deny any details thereof to third parties or use any photographs or video recordings of the University's employees or use the University's name in connection with any sales promotion or publicity event without the prior express written approval of the University.

4.10 SEVERABILITY: In case any provision hereof, or of any resulting agreement or purchase order, shall, for any reason, be held invalid or unenforceable in any respect, such invalidity or unenforceability shall not affect any other provision thereof, and the Contract shall be construed as if such invalid or unenforceable provision had not been included herein.

4.11 NON-WAIVER OF DEFAULTS: No delay or omission by either of the parties hereto in exercising any right or power accruing upon the non-compliance or failure of performance by the other party hereto of any of the provisions of any Contract resulting from this RFP shall impair any such right or power or be construed to be a waiver thereof.